Document Details

2015

Jean McDonald and Krittika Ghosh

Toronto Star

Imagine you are experiencing domestic abuse, and one night your husband becomes extremely violent. He’s threatening to kill you, to harm your children. What would you do? Call the police? Unlikely if you are living in Ontario with precarious immigration status. Would you risk having your family deported, your children held in indefinite detention? And possibly deported alongside your abuser? Probably not. After all these threats are not imaginary at all; they are the reality of thousands of women across Ontario.

It’s time for the province to step up and demonstrate its commitment to ending sexual violence and harassment for all Ontarians.

In March 2015, Premier Kathleen Wynne announced the province’s action plan to combat violence against women, through the release of the document It's Never Okay and the creation of the Ontario Roundtable on Violence Against Women. We both sit on this roundtable and see the action plan as a positive step toward tackling this issue through community engagement, policy changes and investment into diverse communities.
The province has now announced they are updating the Ontario Police Services Act (OPSA). This is a great opportunity to further the work of the action plan.

We call on the province to create a policy that ensures that all Ontarians — regardless of immigration status — are able to access police services without fear of detention and deportation. This policy would allow many women experiencing violence and abuse, or who have experienced sexual violence, to come forward to report crimes they may be too afraid to report today. Without this policy, migrant women across Ontario will continue to live in fear and danger.

In particular, an “access without fear” policy, similar to those in Toronto and Hamilton, would do away with a regulation in OPSA that allows police to disclose personal information to federal authorities, including the Canada Border Services Agency. We need clear language that in the investigation of criminal activity, or the reporting of a crime, the directive is to not share personal information about victims and witnesses to federal authorities.

An “access without fear” policy would protect women caught up within trafficking investigations, such as the one that took place in Ottawa in May 2015, which saw 11 innocent women deported.

Deporting migrant women caught up in trafficking investigations only isolates and marginalizes them. Why would women experiencing violence and exploitation come forward to police if they know they will be held in custody and deported? Immigration and anti-trafficking raids — including those that involve police or CBSA — only instill fear; they do not promote accessibility or safety.

As Elene Lam, director of the Migrant Sex Worker Project in Toronto points out, "For sex workers who may be trafficked and need the most help and support, using a criminal legal model won't be helpful — and may often even harm them. Instead we need peer-led outreach teams to build connections and offer effective help.”

A provincial “access without fear” policy can also ensure that Toronto police uphold the city’s stated commitment to the idea. In a recent report to the city, the Toronto Police Service (TPS) stated that its officers are compelled by OPSA to report personal information to federal authorities, stating that they would be breaching the act if they were not to report individuals to the Canadian Border Services Agency. This includes anyone they encounter within an investigation — including victims and witnesses of criminal activities.

In 2004, a group of social justice activists, migrants and anti-violence against women advocates came together to promote an “access without fear” campaign to make the City of Toronto a safer place for all Torontonians, regardless of immigration status. While the campaign was successful at City Hall, and at the Toronto District School Board (although there are still issues with implementation), the Toronto Police Service has been a tougher sell.

In May 2006, the police board approved the Victims and Witnesses Without Legal Status Policy, which was designed to ensure that victims and witnesses of criminal activity can report to police without fear of detention and deportation. Sadly, we’ve seen that this policy is not enough., It’s a shame that in Toronto women with precarious immigration status who experience violence, exploitation and abuse still cannot safely contact police.

We call on Premier Wynne to consider all Ontarians in updating the Police Services Act, and in creating a safer Ontario. Women’s lives depend on it.
Jean McDonald is Executive Director of Maggie’s — Toronto Sex Workers Action Project. Krittika Ghosh is Senior Coordinator, Violence Against Women, for the Ontario Council of Agencies Serving Immigrants (OCASI)

• http://www.thestar.com/opinion/commentary/2015/08/17/migrant-women-should-be-able-to-call-police-without-fear.html

migrant workers, Women, Exploitation, violence, status, domestic abuse, police, sex work

General relevance - all sectors

Current Policy

Policymakers, Public awareness, Researchers, and NGOs/community groups/solidarity networks

Canada, Ontario, Alberta, Manitoba, Quebec, British Columbia, Other provinces, Federal, Nova Scotia, and National relevance

English